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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 24, 2009, the defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on December 24, 2009; the same court on August 28, 2013; the fine of 4 million won for the crime of violation of the Road Traffic Act; the same court on July 26, 2013; and the same court on July 26, 2013; the imprisonment of 6 months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and the suspension of the execution of the sentence of 2 years.
On September 15, 2014, at around 15:15, the Defendant, without a driver’s license, driven a vehicle of 3 km-lurturged from the Dog of Jeonyang-gun, Jeonyang-gun to the front road of the public library of the same Eup, the Defendant driven a vehicle of about 4 km from the 4km section without a driver’s license.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Report on the circumstantial statements of a driver, report on detection of a driver, and the register of driver's licenses;
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;
1. Article applicable to criminal facts;
(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;
(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances of the defendant among the reasons for sentencing) lies in a number of criminal offenses committed by the defendant for which punishment is to be imposed, and the sentence is to be imposed again because the crime of this case is committed during the period of suspension of execution for the same kind of offense
However, in consideration of the fact that the defendant reflects his/her crime, driving distance, and the fact that the suspension of execution already sentenced is invalidated if the judgment of this case becomes final and conclusive, the sentence against the defendant shall be determined as ordered.